Chapter 701. GENERAL PROVISIONS CHAPTER 701
Total Page:16
File Type:pdf, Size:1020Kb
MRS Title 22, Chapter 701. GENERAL PROVISIONS CHAPTER 701 GENERAL PROVISIONS §2701. Duties of department The Department of Health and Human Services shall establish the Office of Data, Research and Vital Statistics, which shall maintain a statewide system for the registration of vital statistics. [PL 2009, c. 601, §3 (AMD).] 1. Registrar. The Commissioner of Health and Human Services shall appoint a State Registrar of Vital Statistics, referred to in this chapter as the "state registrar," who must be qualified in accordance with the standards of education and experience prescribed by the Bureau of Human Resources. [PL 2001, c. 574, §17 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).] 2. Supervision. The state registrar has charge of the statewide system for the registration of vital statistics and is custodian of its files and records. The state registrar: A. Shall preserve all certificates, records and other reports returned to the state registrar under this Title; [PL 1995, c. 694, Pt. D, §29 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. Has general supervision of this Title and rules of the department relating to the registration of vital statistics; [PL 1995, c. 694, Pt. D, §29 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. Has general supervision of Title 19‑A, chapter 23; [PL 1995, c. 694, Pt. D, §29 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] D. Shall direct, supervise and control the activities of all persons engaged in the operation of the system of vital statistics; [PL 1995, c. 594, Pt. D, §29 (NEW); PL 1995, c. 594, Pt. E, §2 (AFF).] E. Shall conduct training programs to promote uniformity of policy and procedures throughout the State in matters pertaining to the system of vital statistics; and [PL 1995, c. 694, Pt. D, §29 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] F. Shall monitor the accuracy, completeness and validity of all information returned to the state registrar under this Title and Title 19‑A, chapter 23. [PL 1995, c. 694, Pt. D, §29 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] [PL 2001, c. 574, §18 (AMD).] 3. Forms and reports. The state registrar shall prescribe and furnish forms and issue instructions necessary to the administration of the vital statistics system or prescribe other means of transmission of data that accomplishes the purpose of complete and accurate reporting and registration. The state registrar shall prepare and publish annual reports of vital statistics and such other reports as are requested by the department. [PL 1995, c. 260, §1 (AMD).] 4. Uniformity. The forms of certificates, records and other reports required by the laws governing the registration of vital statistics shall be designed with due consideration for national uniformity in vital statistics and record service. 5. Deputy State Registrar. The state registrar may designate an employee of the Office of Data, Research and Vital Statistics to represent the Office of Data, Research and Vital Statistics. The representative is known as the Deputy State Registrar of Vital Statistics and has the authority of the state registrar in the state registrar's absence. [PL 2009, c. 601, §4 (AMD).] Generated 11.25.2020 Chapter 701. GENERAL PROVISIONS | 1 MRS Title 22, Chapter 701. GENERAL PROVISIONS 6. Facsimile signature. The state registrar may use a facsimile signature for purposes of making certifications. The facsimile signature and seal of the state registrar on a certification shall have the same force and effect as his holographic signature. [PL 1967, c. 186, §1 (NEW).] 7. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "File" means the presentation and acceptance of a vital record or report for registration by the Office of Data, Research and Vital Statistics or a municipal clerk as specified in departmental rule. [PL 2009, c. 601, §5 (AMD).] B. "Date of filing" means the date a vital record is accepted for registration by the Office of Data, Research and Vital Statistics or a municipal clerk. [PL 2009, c. 601, §5 (AMD).] [PL 2009, c. 601, §5 (AMD).] 8. Paternity establishment. The state registrar shall offer voluntary paternity establishment services. The state registrar shall maintain and use a form for voluntary acknowledgment of paternity that meets minimum requirements for the form established by the federal Secretary of Health and Human Services. [PL 1997, c. 537, §55 (NEW); PL 1997, c. 537, §62 (AFF).] SECTION HISTORY PL 1967, c. 186, §1 (AMD). PL 1975, c. 293, §4 (AMD). PL 1983, c. 669 (AMD). PL 1985, c. 785, §B89 (AMD). PL 1987, c. 268, §1 (AMD). PL 1995, c. 260, §§1,2 (AMD). PL 1995, c. 694, §D29 (AMD). PL 1995, c. 694, §E2 (AFF). PL 1997, c. 537, §55 (AMD). PL 1997, c. 537, §62 (AFF). PL 2001, c. 574, §§16-20 (AMD). PL 2003, c. 689, §§B6,7 (REV). PL 2009, c. 601, §§3-5 (AMD). §2701-A. Contents of certificates and reports 1. Format. Each certificate, report or other document required by this section must be prepared in the format approved by the state registrar. [PL 1995, c. 260, §3 (NEW).] 2. Filing date. All vital records must contain the date of filing. [PL 1995, c. 260, §3 (NEW).] SECTION HISTORY PL 1995, c. 260, §3 (NEW). §2702. Duties of municipal clerks The clerk of each municipality in this State shall keep a chronological record of all live births, marriages, deaths and fetal deaths reported to the municipal clerk under this Title. Such record must be kept as prescribed by the state registrar. [PL 2009, c. 601, §6 (AMD).] 1. Enforce law and rules. Each municipal clerk in this State shall enforce, so far as comes within the municipal clerk's jurisdiction, this Title and the rules of the department relating to the registration of vital statistics. [PL 2009, c. 601, §6 (AMD).] 2. Transmittal of certificates to state registrar. Except as authorized by the state registrar, a record received in a municipal office must be transmitted by the clerk of the municipality to the state registrar within a reasonable period of time as specified by department rule and in the format specified by the state registrar. [PL 1995, c. 260, §4 (RPR).] Generated 2 | Chapter 701. GENERAL PROVISIONS 11.25.2020 MRS Title 22, Chapter 701. GENERAL PROVISIONS 3. Transmittal of certificates to other municipalities. Except as authorized by the state registrar or except if the birth is registered or will be registered on the electronic birth registration system implemented by the state registrar, when the parents of any child born are residents of any other municipality in this State, the clerk of the municipality where that live birth occurred shall transmit a copy of the certificate of the live birth to the clerk of the municipality where the parents reside. [PL 2011, c. 511, §2 (AMD).] SECTION HISTORY PL 1967, c. 186, §2 (AMD). PL 1975, c. 443 (AMD). PL 1985, c. 25 (AMD). PL 1989, c. 225, §5 (AMD). PL 1995, c. 260, §§4,5 (AMD). PL 2009, c. 601, §6 (AMD). PL 2011, c. 511, §2 (AMD). §2702-A. Duties to furnish information Any person having knowledge of the facts shall furnish such information as the individual may possess regarding any birth, death, spontaneous fetal death, abortion, marriage, divorce or annulment, upon demand of the state registrar. [PL 2009, c. 601, §7 (AMD).] SECTION HISTORY PL 1987, c. 268, §2 (NEW). PL 2009, c. 601, §7 (AMD). §2702-B. Electronic transmittal of marriage certificates The municipal clerk that issued a marriage license pursuant to Title 19‑A, section 652, subsection 1 and the clerk of the municipality where the marriage occurred may issue certified copies of the marriage certificate electronically using the statewide system for the registration of vital statistics described under section 2701. [PL 2015, c. 104, §1 (NEW).] SECTION HISTORY PL 2015, c. 104, §1 (NEW). §2703. Birth in unincorporated place When a birth occurs in an unincorporated place, it must be reported to a municipal clerk as specified by the state registrar and must be recorded, or registered in the electronic birth registration system, by the municipal clerk to whom the report is made. All such reports and records must be forwarded to the state registrar. [PL 2011, c. 511, §3 (AMD).] SECTION HISTORY PL 2009, c. 601, §8 (AMD). PL 2011, c. 511, §3 (AMD). §2704. Registration of births and deaths at Togus Certificates of live births, deaths and fetal deaths occurring at the federal facility known as Togus must be filed directly with the state registrar. The state registrar shall forward copies of all such certificates of live birth, death and fetal death to the clerk of the municipality where the parents of the child reside. [PL 2011, c. 511, §4 (AMD).] SECTION HISTORY PL 2001, c. 574, §21 (AMD). PL 2009, c. 601, §9 (AMD). PL 2011, c. 511, §4 (AMD). §2705. Amendment of vital statistics records Except as provided by this Title, a certificate or record filed under chapters 701 to 707 may be altered or amended only in accordance with such regulations as the department may adopt to protect the integrity of vital statistics records. Generated 11.25.2020 Chapter 701. GENERAL PROVISIONS | 3 MRS Title 22, Chapter 701. GENERAL PROVISIONS 1. Amended certificate or record. A certificate or record that has been altered or amended after its filing must be marked "amended," and the date on which the certificate or record was amended and a summary description of the evidence submitted in support of the correction must be endorsed on the certificate or record or permanently attached to it.